Learn about the legality of delta 9 in Wisconsin, including shipping tips, comparisons to medical cannabis, FAQs, and more.
You might recognize Wisconsin as one of the leading dairy producers in the nation, or perhaps as the fictional town of Point Place, where Eric, Donna, Jackie, Kelso, Hyde, and Fez spent their afternoons in the Formans’ basement—a group that would surely enjoy this article. However, the Badger State is now gaining recognition for much more.
Since the federal government legalized hemp, including compounds like delta 9, many states have followed suit. Meanwhile, others have moved to ban or strictly regulate hemp-derived products.
So, where does Wisconsin stand in this landscape? Is delta 9 legal in America’s Dairyland?
Is Delta 9 Legal in Wisconsin?
Before delving into the legality of delta 9 in Wisconsin, let's break down the Farm Bill, which made legal hemp and hemp products a reality nationwide in 2018.
Officially known as the Agriculture Improvement Act, this legislation created a clear distinction between marijuana and hemp. Cannabis plants containing no more than 0.3% THC on a dry-weight basis are considered hemp, while marijuana refers to cannabis plants exceeding that threshold.
While the Farm Bill significantly benefited the hemp market, it didn't change marijuana's status as a Schedule I controlled substance. However, the Biden administration has expressed interest in a recent statement in revisiting the federal stance on marijuana, including pardoning all federal offenses related to simple marijuana possession and encouraging states to do the same.
Additionally, there's an intention to reevaluate marijuana's status as a Schedule I drug. For now, though, only hemp-derived cannabinoids like delta 9 are federally legal.
Even with the federal government supporting hemp-derived products, some states have moved to ban or restrict hemp-derived cannabinoids. So, where does Wisconsin stand? Is delta 9 legal in America's Dairyland?
According to section 94.55 of Wisconsin's Statutes & Annotations, hemp products containing delta 9 THC are legal as long as the concentration does not exceed 0.3% THC on a dry-weight basis.
The state defines hemp as "any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers of hemp, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent."
Delta 9 in Wisconsin
While delta 9 is legal in Wisconsin, the state maintains strict regulations around other forms of cannabis. Recreational marijuana remains illegal, and possession carries severe penalties.
In Wisconsin, possession of marijuana is classified as a misdemeanor, punishable by up to six months in jail and a $500 fine. Repeat offenses can result in up to 3.5 years of imprisonment and fines reaching $10,000.
Milwaukee County has made efforts to reduce these penalties, imposing only a $1 fine plus court costs for first-time offenses involving 25 grams or less. Subsequent offenses in the county carry similar penalties but can lead to state-level consequences, which could involve stricter punishments. Outside Milwaukee County, however, possession of marijuana can result in much harsher repercussions.
For now, the only legal way to enjoy the effects of cannabis recreationally in Wisconsin is through hemp-derived compounds like delta 9. However, not all delta 9 products are created equal. It's essential for consumers to know how to identify safe, high-quality products and steer clear of inferior alternatives.
Wisconsin Medical Cannabis vs. Hemp-Derived Delta 9
Wisconsin has yet to legalize medical marijuana, but the state does permit the use of CBD oil for seizure disorders. As a result, hemp-derived delta 9 remains the primary legal option for individuals seeking cannabis-like effects.
Key Differences Between Wisconsin Medical Cannabis & Hemp-Derived Delta 9:
- Legality: Hemp-derived delta 9 is legal under federal and state laws, while medical marijuana remains illegal.
- Access: Delta 9 is available in various shops and online, whereas medical cannabis requires a state-approved prescription.
- THC Content: Medical marijuana can contain higher THC levels, while delta 9 is limited to 0.3% THC.
- Qualifying Conditions: Medical marijuana would require a diagnosed qualifying condition, while delta 9 is accessible without medical criteria.
- Purchase Limits: Medical cannabis would have quantity restrictions, whereas delta 9 currently does not.
- Product Variety: Delta 9 products come in various forms (delta 9 gummies, delta 9 vapes, delta 9 tinctures, etc), while medical cannabis products would likely be more limited.
Delta 9 Legality in Wisconsin vs. Other States
The legality of delta 9 THC varies widely across the United States. Here's a comparison of Wisconsin's delta 9 laws with those of other states:
- California: Both hemp-derived and marijuana-derived delta 9 are legal for recreational and medical use.
- Colorado: Similar to California, both hemp-derived and marijuana-derived delta 9 are legal for recreational and medical use.
- Florida: Hemp-derived delta 9 is legal, while marijuana-derived delta 9 is legal for medical use only.
- New York: Both hemp-derived and marijuana-derived delta 9 are legal for recreational and medical use.
- Ohio: Hemp-derived delta 9 is legal, while marijuana-derived delta 9 is legal only for medical use.
- Indiana: Hemp-derived delta 9 is legal, but marijuana-derived delta 9 is strictly prohibited.
- Texas: Hemp-derived delta 9 is legal, while marijuana-derived delta 9 remains illegal for recreational use and limited for medical use.
- Alabama: Hemp-derived delta 9 is legal, while marijuana-derived delta 9 is illegal for recreational use and restricted for medical use.
- Michigan: Both hemp-derived and marijuana-derived delta 9 are legal for recreational and medical use.
Comparison Table:
| State | Hemp-Derived Delta 9 THC | Marijuana-Derived Delta 9 THC |
|---|---|---|
| Wisconsin | Legal | Illegal |
| California | Legal | Legal |
| Colorado | Legal | Legal |
| Florida | Legal | Legal (Medical Only) |
| New York | Legal | Legal |
| Ohio | Legal | Legal (Medical Only) |
| Indiana | Legal | Illegal |
| Texas | Legal | Illegal (Recreational Only) |
| Alabama | Legal | Illegal (Recreational Only) |
| Michigan | Legal | Legal |
Key Considerations for Purchasing Delta 9 in Wisconsin
While purchasing delta 9 in Wisconsin is legal, not all products may be safe to use. Despite the various benefits of hemp such as pain relief, anxiety management, and its psychoactive properties, the methods used to extract and produce hemp-derived cannabinoids can sometimes leave harmful residues.
It’s important to consider several factors when choosing hemp product sources.
Read Customer Reviews
Researching the company from which you are considering purchasing cannabinoids is essential. Browse their website, read customer reviews, and gather feedback about their products and customer service. Positive and negative reviews can provide insight into a company's practices and how they might treat you as a customer.
Opt for Organic Hemp
In Wisconsin, delta 9 must be derived from hemp, but the quality of hemp is crucial. Hemp plants are known to absorb both nutrients and toxins from their environment, including any pesticides or herbicides applied during cultivation. To avoid ingesting unwanted chemicals, select products made from organically grown hemp that has not been treated with synthetic chemicals.
Evaluate Extraction Techniques
The method used to extract hemp compounds greatly impacts the safety and quality of the product. CO2 extraction is renowned for being the safest and most effective method, though it is also the most expensive. Opting for products from companies that use CO2 extraction is an indicator of their commitment to quality over profit.
Importance of Lab Testing
Lab testing is crucial as it ensures the product is free of harmful substances and verifies its THC content, purity, and potency. Always look for products that come with third-party lab results.
Check for Natural Coloration
High-quality hemp extracts typically exhibit an amber or pinkish hue. Some manufacturers might bleach their extracts to achieve a clearer, more appealing appearance. However, a lighter color does not equate to higher quality. Prefer products that retain a natural color, indicative of minimal processing.
Wisconsin Cannabis Market Expands with Delta 9 Despite Lack of Medical Marijuana
Despite Wisconsin allowing the sale, purchase, and use of hemp-derived cannabinoids like delta 9, the state has yet to establish medical marijuana laws. Numerous efforts to legalize medical cannabis in the Badger State have been introduced over the years, but none have succeeded.
Let’s take a closer look at Wisconsin’s medical cannabis landscape and what the availability of legal hemp-derived products could mean for those who could benefit from a comprehensive medical program.
Wisconsin's Medical Cannabis Legislation
While Wisconsin lacks a full-fledged medical marijuana program, it does have a CBD-only medical cannabis law. In 2014, Assembly Bill 726, known as Lydia’s Law, was enacted to exempt individuals with seizure disorders from criminal penalties for possessing CBD oil.
However, it only applies if the CBD has no psychoactive properties and if its use is approved by a physician. In 2017, Act 4 expanded access to CBD oil for patients with any medical condition.
Lydia’s Law permitted physicians and pharmacies to prescribe and dispense CBD to epilepsy patients if they received FDA approval or if CBD was rescheduled under the federal Controlled Substances Act. The 2018 Farm Bill further facilitated access to CBD products for Wisconsin patients.
While neighboring states Michigan and Illinois have fully legalized recreational cannabis, Minnesota and Iowa have comprehensive medical cannabis programs, leaving Wisconsin lagging behind in cannabis legislation.
Over the years, various bills aiming to legalize medical cannabis, decriminalize marijuana, and fully legalize its use have been consistently defeated. In 2022, the state legislature adjourned without considering any of the proposed cannabis bills, although a post-session hearing on medical cannabis was held in April. However, with the session over, the bill could not advance.
This stance seems disconnected from Wisconsin voters. In 2018, more than a million Wisconsin residents approved advisory ballot questions advocating for more compassionate cannabis legislation.
Each measure received strong support, with medical cannabis questions garnering 67-89% approval and adult-use questions receiving 60-76% approval. The 2022 referendum results showed similar backing for cannabis reform efforts.
Shipping Delta 9 Products to & From Wisconsin
Shipping delta 9 products to and from Wisconsin is straightforward due to the state's clear legal framework surrounding hemp-derived cannabinoids. However, it's crucial to ensure compliance with federal and state laws.
Key Considerations for Shipping Delta 9:
- Legal THC Limits: Ensure that all delta 9 products comply with the 0.3% THC limit as defined by state and federal law.
- Secure Packaging: Package products securely and discreetly to ensure privacy and avoid damage during shipping.
- Documentation: Include proper documentation, such as third-party lab results, to demonstrate THC compliance.
- Carrier Policies: Verify that the chosen shipping carrier permits the transportation of hemp-derived products.
- State Laws: Be aware of the legal status of delta 9 in other states when shipping products out of Wisconsin.